A BILL to amend and reenact §19-25-5 of the Code of West Virginia,
1931, as amended, relating to defining “spelunking” as a
recreational purpose and activity for which a landowner’s
liability for injury is limited.

Be it enacted by the Legislature of West Virginia:

That §19-25-5 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:

ARTICLE 25. LIMITING LIABILITY OF LANDOWNERS.

§19-25-5. Definitions.

Unless the context used clearly requires a different meaning,
as used in this article:

(1) "Charge" means:

(A) For purposes of limiting liability for recreational or
wildlife propagation purposes set forth in section two of this
article, the amount of money asked in return for an invitation to
enter or go upon the land, including a one-time fee for a
particular event, amusement, occurrence, adventure, incident,
experience or occasion which may not exceed $50 a year per
recreational participant: Provided, That the monetary cap on
charges imposed pursuant to this article does not apply to the
provisions of article fourteen, chapter twenty of this code
pertaining to the Hatfield-McCoy regional recreational authority or
activities sponsored on the Hatfield-McCoy recreation area;

(B) For purposes of limiting liability for military training
set forth in section six of this article, the amount of money asked
in return for an invitation to enter or go upon the land;

(2) "Land" includes, but shallis not be limited to, roads,
water, watercourses, private ways and buildings, structures and
machinery or equipment thereon when attached to the realty;

(3) "Noncommercial recreational activity" shalldoes not
include any activity for which there is any charge which exceeds
$50 per year per participant;

(4) "Owner" includes, but shallis not be limited to, tenant,
lessee, occupant or person in control of the premises;

(5) "Recreational purposes" includes, but shallis not be
limited to, any one or any combination of the following
noncommercial recreational activities: Hunting, fishing, swimming,
boating, camping, picnicking, hiking, pleasure driving, motorcycle
or all-terrain vehicle riding, bicycling, horseback riding, nature
study, water skiing, winter sports, spelunking, and visiting,
viewing or enjoying historical, archaeological, scenic or
scientific sites or otherwise using land for purposes of the user;

(6) "Wildlife propagation purposes" applies to and includes all
ponds, sediment control structures, permanent water impoundments or
any other similar or like structure created or constructed as a
result of or in connection with surface mining activities as
governed by article three, chapter twenty-two of this code or from
the use of surface in the conduct of underground coal mining as
governed by said article and rules promulgated thereunder, which
ponds, structures or impoundments are hereafter designated and
certified in writing by the director of the DivisionDepartment of
Environmental Protection and the owner to be necessary and vital to
the growth and propagation of wildlife, animals, birds and fish or
other forms of aquatic life and finds and determines that the
premises have the potential of being actually used by the wildlife
for those purposes and that the premises are no longer used or
necessary for mining reclamation purposes. The certification shall
be in form satisfactory to the director and shall provide that the
designated ponds, structures or impoundments shallmay not be
removed without the joint consent of the director and the owner; and

(7) "Military training" includes, but is not limited to,
training, encampments, instruction, overflight by military aircraft,
parachute drops of personnel or equipment or other use of land by
a member of the Army National Guard or Air National Guard, a member
of a reserve unit of the Armed Forces of the United States or a
person on active duty in the Armed Forces of the United States,
acting in that capacity.

NOTE: The purpose of this bill is to define “caving” or
“spelunking” as a recreational purpose and activity for which a
landowner’s liability for injury is limited.

Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.